Dhaneshbhai Sanjaybhai ... vs State Of Gujarat
2023 Latest Caselaw 7335 Guj

                                                                                    NEUTRAL CITATION




    C/WPPIL/104/2023                                 ORDER DATED: 04/10/2023

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           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                   R/WRIT PETITION (PIL) NO. 104 of 2023

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                   DHANESHBHAI SANJAYBHAI JIVRAJANI
                                Versus
                          STATE OF GUJARAT
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Appearance:
MR. HJ KARATHIYA(7012) for the Applicant(s) No. 1
MR UTKARSH SHARMA AGP for the Opponent(s) No. 1,2,3,4,5
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 CORAM:HONOURABLE THE CHIEF JUSTICE MRS. JUSTICE
       SUNITA AGARWAL
       and
       HONOURABLE MR. JUSTICE ANIRUDDHA P. MAYEE
                   Date : 04/10/2023
                    ORAL ORDER

(PER : HONOURABLE THE CHIEF JUSTICE MRS. JUSTICE SUNITA AGARWAL)

This is a wholly misconceived writ petition filed in the nature of Public Interest Litigation by a person who has filed the first writ petition namely, Writ Petition (PIL) No.39 of 2023, virtually for the same reliefs. The reliefs sought in the previous writ petition and the present writ petition are to be extracted hereinunder:-

WRIT PETITION (PIL) NO.39 of 2023

"12A) YOUR LORDSHIPS may be pleased issue a writ of mandamus or any other appropriate writ or direction by directing the respondent no.5-Trust to strictly comply with the terms and conditions of the Notification/order dated 11.07.2022 issued by the respondent no.1 herein (Annexure-A) and further be pleased to direct respondent no.5- Trust herein not to carry out any illegal construction upon the open space of the Karansinhji High School situated at Bhupendra Road, Rajkot;

B) YOUR LORDSHIP may be pleased to issue appropriate writ or direction directing the respondent authorities to take appropriate and necessary actions against respondent no.5-Trust as per the representations made by the petitioner herein and further be pleased to

NEUTRAL CITATION

C/WPPIL/104/2023 ORDER DATED: 04/10/2023

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direct the respondent authorities to take necessary actions against the respondent no.5-Trust for breach of terms and conditions of the notification/order dated 11.07.2022 issued by the respondent no.1 (Annexure-A);

C) During the pendency of the present Public Interest Litigation your lordship may be pleased to grant an ad-interim relief by directing the respondent no.5-Trust to stop the illegal construction upon the open space of the Karansinhji High School situated at Bhupendra Road, Rajkot.

D) Pass any such other and/or further orders that may be thought just and proper, in the facts and circumstances of the present case;"

WRIT PETITION (PIL) NO.104 of 2023

"12A) YOUR LORDSHIPS may be pleased issue a writ of mandamus or any other appropriate writ or direction by directing the respondent no.1-State to cancel Notification/order dated 11.07.2022 issued in favour of respondent no.5-trust herein (Annexure-A);

B) YOUR LORDSHIP may be pleased to issue a writ of mandamus or any other appropriate writ or direction by directing the respondent - authorities to demolish illegal construction put up by the respondent no.5 - trust in the open government land having city survey no.696 of Rajkot;

C) During the pendency of the present Public Interest Litigation your lordship may be pleased to direct respondent - authorities to initiate appropriate proceedings against the respondent no.5-trust for removal of illegal construction.

D) Pass any such other and/or further orders that may be thought just and proper, in the facts and circumstances of the present case;"

2. On a pointed query made by the Court, the learned counsel for the petitioner could not substantiate the reasons for filing of the instant writ petition. However, we can cull out the same from the statement made in paragraph '1' of the writ petition wherein it is noted that after the judgment and order dated 18.4.2023 passed by this Court in the previous writ petition, relegating the petitioner to approach

NEUTRAL CITATION

C/WPPIL/104/2023 ORDER DATED: 04/10/2023

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the Collector, the Collector has passed an order dated 1.6.2023, directing the respondent to maintain status-quo with respect to the subject property.

3. Noticing the above, we find that the present writ petition is nothing but a sheer abuse of the process of the Court. For wasting judicial time of this Court and energy of the staff attached to the High Court, for this frivolous writ petition, we dismiss the present writ petition with the costs of Rs.25,000/- which shall be deposited by the petitioner within a period of one week from today before the Registrar General, High Court of Gujarat. The costs so deposited shall be transmitted in the account of the Legal Services Committee, Gujarat High Court.

(SUNITA AGARWAL, CJ )

(ANIRUDDHA P. MAYEE, J.) KAUSHIK D. CHAUHAN